Knowing what to do after you get into a car accident can help ensure that the proof you need is evident and available for everyone involved. Here’s how fault is determined after a car accident and how you can feel confident about taking the right steps in this situation.
What to do after you get into a car accident
After an accident, you should first call the police. Even if it’s only a minor car wreck, Missouri law requires that you report almost every accident, especially if it involves more than $500 worth of damage or if someone is injured.
Regardless, reporting the accident is generally to your benefit. Also note that you should never admit fault at the scene of the accident. In fact, most insurance companies include a clause to that effect. You can request a copy of the police report for your records and insurance company later.
Make sure to exchange information with the other driver. The driver’s name and contact information, insurance policy information, driver’s license and license plate numbers, and vehicular descriptions are essential, but statements and/or contact information from witnesses, and the exact location of the accident can be extremely helpful.
An injury may not be evident at the time of the accident. Even if you don’t feel like you’ve been hurt, you should see a doctor within a couple of days. This is particularly important for injuries that might not show up on imaging tests, because the other driver’s insurance may claim you aren’t injured at all. This makes saving all records from any medical visits particularly important.
How fault is determined
Although the police report of the accident will include the responding officer’s determination of which driver is at fault, insurance companies will make their own inquiries into what happened. This is why all the documentation from police officers, medical visits, witness statements, and any pictures or video you can provide from the scene are so important.
The insurance adjuster assigned to your case will review all of this evidence. Laws differ widely from state to state, but your adjuster will make a decision based on Missouri car wreck laws. Your insurance policy (or the other driver’s) may also play a role in determining fault and how or what you’ll be compensated.
Some states are “no-fault states,” which means that they require drivers to carry personal injury insurance, and an injured party can only file a suit in specific circumstances. This insurance is then intended to cover any damage or injuries. Missouri, however, is an “at-fault state.” This means that you can file a lawsuit to recover damages for physical and financial injuries from the other driver involved when the other driver is at fault.
Furthermore, if both (or more) parties are partially at fault, everyone is assigned a percentage of liability and is responsible for that percentage of the financial burden. If the drivers’ insurance companies agree that fault is difficult to determine, they may choose to split the financial liability between them.
How to prove that a car accident wasn’t your fault
To do this, keep all of those essential documents, and provide as much first-hand evidence as possible. This includes pictures and videos. If you have a dashboard camera, save the video. When answering the on-site officer’s questions, be honest. If you don’t know, say, “I don’t know.” Write, draw, or record all of the details of the accident while they’re still fresh in your mind.
If you feel like the insurance company is falsely blaming you, it may be time to hire a lawyer who can help find the evidence proving that you’re not at fault. If you’re having difficulty proving your innocence, an attorney can be extremely helpful.
Additionally, a lawyer will advocate for you to the insurance companies. Some companies may try to delay giving you an answer or a figure in hopes of making you wait so long that you’ll take whatever they offer. Working with a lawyer can show them that you mean business and that you want what’s yours.
For more information
If you’ve been in a car accident, know that one of our personal injury lawyers can help. Contact us today at (866) 695-6318 for a free consultation, or submit this form to learn what your case is worth.